Guide to Mississippi DUI Laws

Understanding DUI in Mississippi

If you have been charged with a DUI in Mississippi, you may be wondering what Mississippi DUI laws are and what happens when you get a DUI in Mississippi. 

According to Mississippi laws, a person is considered to be driving under the influence if they are operating a vehicle and their blood alcohol concentration (BAC) is above the following limits:

1. Drivers 21 and Over: 0.08% BAC
2. Commercial Drivers: 0.04% BAC
3. Drivers Under 21: 0.02% BAC

As of October 2024, Mississippi ranks 7th in the nation for alcohol-related traffic fatalities, with over 150 Mississippi residents losing their lives each year in crashes involving an alcohol-impaired driver. The state enforces strict DUI laws to discourage drinking and driving and to reduce these preventable deaths. Even a first offense can come with consequences such as fines, jail time, and license suspension. 

Jason Campbell is an experienced Mississippi criminal attorney who can help you understand your rights and work to reduce the impact a DUI will have on your record. Contact us today to learn more about DUI laws and consequences in Mississippi and how we may be able to help you

What Counts as a DUI in Mississippi 

If you are wondering if you can drink and drive in Mississippi, the answer is yes, as long as your blood alcohol concentration stays below the legal limits:

• 
  Drivers 21 and Over: 0.08% BAC
• Commercial Drivers: 0.04% BAC
• Drivers Under 21: 0.02% BAC

Once your BAC exceeds those limits, you are legally impaired, and it is considered drunk driving in Mississippi. 

It is important to be aware that DUI laws in Mississippi are not limited to alcohol impairment. Drivers can also be charged with a DUI if they are impaired by illegal drugs, including marijuana and other controlled substances, as well as legally prescribed prescription medications if the medications impact their ability to drive safely.

In Mississippi, there is no difference between a DUI and DWI (Driving While Intoxicated or Impaired). The state categorizes all offenses related to impaired driving under the term DUI, regardless of the substance involved. 

What Happens When You’re Pulled Over for DUI in Mississippi?

In Mississippi, you can be pulled over for a traffic violation, unusual driving, or stopped at DUI checkpoints. Regardless of why you were pulled over, if the officer suspects you are under the influence, they will look for signs of impairment. 

While you are legally required to provide your driver’s license and insurance information to the officer, you have the right to remain silent and do not have to answer any questions they may ask about where you’ve been or whether you’ve been drinking. If the officer suspects impairment, they may ask you to complete a field sobriety test or take a breathalyzer test to measure your blood alcohol concentration (BAC). 

Under Mississippi law, any person who operates a vehicle within the state is deemed to have given his or her "implied consent" to chemical testing of breath, blood, or urine to determine the presence of alcohol or other impairing substances. As a result, refusing to take a test can lead to automatic license suspension, even if you are not convicted of a DUI. If the officer believes there is enough evidence of a DUI, you may be arrested and taken to jail.

If you’ve been charged, you might be wondering how to beat a DUI in Mississippi. Your attorney may be able to challenge the accuracy of the BAC testing or argue that the DUI checkpoint laws were not followed. DUI checkpoints in Mississippi are legal, provided they meet specific criteria. Otherwise, evidence could be thrown out if the legal standards are not followed properly. To be aware of your rights under the DUI laws and how you may be able to beat a DUI in Mississippi, contact us today. 

DUI Penalties in Mississippi

The penalties associated with getting a DUI in Mississippi will vary based on how many times you have been convicted in the past. If it is your first DUI offense in Mississippi, the penalties will not be as severe as those for multiple offenses. Below is an overview of what your penalties could be, based on the offense: 

1st Offense DUI in Mississippi (Misdemeanor)

• Up to 48 hours jail time
• Fine: $250 to $1000
• License suspension for 120 days
• Required completion of Mississippi Alcohol Safety Education Program

2nd  Offense DUI in Mississippi (Within 5 Years - Misdemeanor)

• 5 days to 6 months jail time
• Fine: $600 to $1500
• License suspension for 1 year

3rd Offense DUI in Mississippi (Felony DUI in Mississippi)

• 1 to 5 years jail time
• Fine: $2,000 to $5,000
• License suspension for 3 years

4th Offense DUI in Mississippi (Felony DUI in Mississippi)

• 2 to 10 years jail time
• Fine: $3000 to $10000
• License suspension for 10 years

Aggravating factors are circumstances that can make a DUI offense more serious and lead to more severe penalties, even if it is your first DUI offense in Mississippi. 

Common aggravating factors include: 

1. Having a minor in the vehicle (under 16)
2. Having a high BAC level (typically 0.15% or higher)
3. Causing injury or death 
4. Refusing chemical testing 
5. Driving on a suspended or revoked license

Non-Adjudication for First-Time DUI Offenders

Non-adjudication is a legal option in Mississippi that may allow first-time DUI offenders to avoid a conviction on their criminal record.

If it is your 1st offense DUI in Mississippi, you may be eligible for a non-adjudication DUI if you meet the following criteria:

• It is your first DUI offense in Mississippi
• Your BAC level was under 0.16%
• You do not hold a commercial driver’s license (CDL)
• You have no prior felony DUI convictions
• You are completed any applicable court-mandated conditions

If you qualify for DUI non-adjudication in Mississippi, you can petition the court for non-adjudication, where both the judge and prosecutor must approve. If approved, the court will withhold adjudication of guilt and instead will assign probation-like conditions.

Common conditions include: 

• Fines and court fees
• Alcohol safety education or treatment program
• Victim impact panel
• Probation period
• Possible ignition interlock device

If the conditions are met, your case will be dismissed without a conviction, and you may be eligible for expungement. However, if you violate the terms of your conditions in your case, the court may revoke the non-adjudication and enter a conviction on your record. From there, you would move forward with DUI sentencing as normal. 

Non-adjudication is an important option to be aware of because it offers a second chance for eligible first-time offenders. Because it will not be on your record, it will protect you from the long-term damage that can come with a DUI conviction, including issues with employment, insurance rates, and background checks. 

License Suspension and Reinstatement

The length of your DUI license suspension in Mississippi varies based on the offense: 

• First Offense: 120-day license suspension.
• Second Offense (within 5 years): 1-year license suspension
• Third Offense (within 5 years): 3-year license suspension
• Fourth or Subsequent Offense: 10-year suspension

To continue driving privileges instead of having them suspended, the court can order the driver to obtain an ignition interlock-restricted license. In Mississippi, an ignition interlock device (IID) is a DUI breathalyzer installed in a car that prevents it from starting if the driver's blood alcohol concentration (BAC) is above a specified limit.

For first and repeat DUI offenders, the Mississippi Department of Public Safety (DPS) and the courts may require you to install an Ignition Interlock Device (IID) in your vehicle if you:

1. Had a breath alcohol concentration (BAC) level of .08 or higher.
2. Refused a breath test or were unconscious at the time of the test.
3. Were convicted of a first offense DUI and did not have a Commercial Driver’s License (CDL).

If your license has been suspended but you need a license to get to work, school or for medical purposes, you may be granted a hardship license (though an ignition interlock may also be required). To qualify, you must: 

1. Be a first-time offender 
2. Complete any required suspension period or install an ignition interlock device
3. Submit a petition to the court and receive approval
4. Show that not having a license would cause an undue hardship (such as job loss)

How a DUI Affects Your Record and Insurance

You might be wondering how long a DUI stays on your record in Mississippi. Because a DUI is a criminal offense, unless you qualify for non-adjudication or expungement, it will remain on your criminal record for life. In terms of the cost of a DUI in Mississippi, the expenses associated with the charge extend beyond the fines. 

Having a DUI on your criminal record, even if it is a first-time offense, can have long-term impacts on future employment opportunities. Many employers run background checks as part of their hiring processes, and having a DUI can raise concerns about your judgment and reliability. In addition, many licensing boards require disclosure of criminal convictions. A  DUI can delay or, in some cases, prevent you from becoming licensed. 

The penalty for having a DUI in Mississippi also has long-term consequences on your driving and insurance. A DUI places you in a high-risk category, and some insurance providers may refuse to offer you coverage. Those that do offer coverage often charge significantly higher premiums, typically two to three times more than what you paid before your conviction.

If you are convicted of a DUI in Mississippi, you may also be required to file an SR-22 form, which is a certificate that proves you have the minimum amount of liability insurance required by the state. 

In Mississippi, the SR-22 typically must be maintained for three years and meet the following insurance requirements:

1. $25,000 for bodily injury per person
2. $50,000 for total bodily injury per accident
3. $25,000 for property damage per accident 

Underage DUI in Mississippi

Mississippi DUI laws for minors are extremely strict. Under the state’s zero tolerance law, if anyone under the age of 21 with a blood alcohol concentration (BAC) of 0.02% or higher can be charged with a DUI. 

If you are a minor and you have a DUI in Mississippi, you may face penalties such as fines, license suspension, and possible jail time. If a minor’s BAC is above 0.08%, they will face the same penalties as an adult, including higher fines, longer suspensions, and potential incarceration.

DUI and Drugs in Mississippi

In Mississippi, you can be charged with a DUI if you are found to be driving while impaired by drugs, regardless of whether the drug is legal or illegal. This includes illegal substances like marijuana, prescription medications, and even over-the-counter drugs such as sleep aids. If any substance affects your ability to drive safely, regardless of the substance’s legality, you can be charged with a DUI under state law.

While alcohol-related DUIs are typically based on blood alcohol concentration (BAC), drug-related DUIs rely more on subjective observations by law enforcement. Officers may conduct field sobriety tests and watch for signs of impairment, such as slurred speech, poor coordination, or delayed reaction times. In addition to behavioral assessments, they may also use blood or urine tests to determine if drugs are present in your system.

Drug-related DUIs are often more defensible in Mississippi because they rely heavily on an officer’s judgment rather than clear, measurable standards like a BAC level. These cases are often built on subjective observations, which can be more easily challenged in court, especially if there are medical or legal explanations for your behavior that aren’t related to drug impairment. An experienced attorney can question the officer’s assessment, challenge the accuracy of the testing methods, and build a stronger defense on your behalf.

Can You Get a DUI Expunged in Mississippi?

“Expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal records. A felony DUI can be expunged in Mississippi if you are a first-time offender. In addition to being a first-time offender, to be eligible for a DUI expungement in Mississippi, you must meet the following requirements: 

1. You’ve completed all terms of your sentence, including fines, probation, and any required programs
2. Your BAC was below 0.16% at the time of arrest
3. You did not refuse a breath or blood test
4. You have no other DUI convictions or pending DUI charges
5. You did not hold a commercial driver’s license (CDL) at the time of the offense

Before applying for expungement, requestors must wait five years after completing all of their court-imposed penalties. Once you have waited five years, you can begin the process of applying for expungement. 

The process for a DUI expungement in Mississippi is: 

1. Hire an attorney to confirm your eligibility or decide to represent yourself
2. File a petition and submit a formal request to the circuit court where your DUI case was heard 
3. Attend a hearing (if required) where the judge will review your case. 

If you are approved for a DUI expungement in Mississippi, your DUI will be removed from your record.

The DUI Court Process in Mississippi

If you have been arrested for a DUI, it is essential to understand the DUI process in Mississippi so you can anticipate what to expect. The DUI process in Mississippi typically follows the following format: 

1. Arrest: You will be taken into custody, processed, and may be required to post bail
2. Arraignment: You appear before a judge, are formally charged, and enter a plea (guilty, not guilty, or no contest).
3. Pretrial: This stage may include reviewing evidence, holding motion hearings, engaging in plea negotiations, or entering a diversion program if eligible (such as non-adjudication for first-time offenders).
4. Trial: If no plea agreement is reached, the case goes to trial. For first and second offenses, trials are typically bench trials (heard by a judge). Felony DUIs (third offense or involving aggravating factors) are tried before a jury in circuit court.

Most DUI cases in Mississippi are resolved within 3 to 6 months. However, cases that go to trial may take longer to resolve. 

What To Do If You’re Charged With a DUI in Mississippi

Being charged with a DUI in Mississippi is serious and can have long-lasting consequences. It is essential to understand the steps to take after being charged with a DUI in Mississippi, enabling you to achieve the best possible outcome in your case. 

Know Your Rights

Remember, you have the right to remain silent and the right to an attorney. If you're pulled over and questioned by law enforcement, you are only legally required to provide your name, driver's license, and proof of insurance. You are not obligated to answer any other questions. While you technically can refuse a chemical test, Mississippi’s implied consent law means that doing so can result in an automatic license suspension, even if you haven’t been convicted yet.

What Not to Do After a DUI

With the overwhelm and stress that comes with a DUI arrest, it is easy to make decisions that can potentially hurt your case. These are some of the common mistakes people make after being charged with a DUI that you want to avoid: 

1. Do not admit guilt at the scene or during questioning. 
2. Do not skip your court date or ignore court-ordered requirements
3. Do not drive with a suspended license, as this can result in even more serious charges.
4. Do not refuse chemical testing without understanding the consequences

When to Hire an Attorney 

It is in your best interest to contact DUI lawyers in Mississippi as soon as possible after your arrest. An experienced lawyer can help advise you on your options, including non-adjudication, and build a strong DUI defense strategy tailored to your case in Mississippi.

How Campbell Law Can Help With Your DUI Case

If you or a loved one has been charged with a DUI, the right legal support can make a significant difference in your case. At Campbell Law, we bring extensive experience and knowledge of North Mississippi courts. This insight allows us to build strong, strategic defenses, whether it's challenging the stop, questioning breathalyzer accuracy, or exploring non-adjudication options.

As your Mississippi DUI attorney, we’ll guide you through every step of the process, from arraignment to trial, and provide clear, personalized advice based on your situation. Our goal is to reduce or even dismiss your charges whenever possible.

Contact Campbell Law today to schedule your consultation.

FAQs About DUI in Mississippi

Can you refuse a field sobriety test in Mississippi?

Yes, you can legally refuse a field sobriety test. However, refusing a field sobriety test may raise suspicion and can still lead to an arrest if the officer on duty believes there is probable cause for a DUI. 

Is a DUI a felony in Mississippi?

A DUI is a felony offense if it is your third DUI within five years, or any DUI involving injury, death, or certain aggravating factors. If it is your first or second offense, a DUI is typically a misdemeanor. 

Can I drive after my first DUI?

If it is your first DUI, your license will likely be suspended for 120 days after a first DUI. However, you may be eligible for a hardship license or an ignition interlock-restricted license to regain limited driving privileges

Will a DUI show up on a background check?

Yes. A DUI is a criminal offense and will appear on background checks unless it is expunged.

How long does a DUI stay on your record in Mississippi?

A DUI conviction will remain on your criminal record indefinitely, unless you are expunged. 

Do I need a lawyer for a first DUI offense?

We strongly advise seeking legal counsel, even if it is your first DUI offense. Even a first-time DUI can carry serious lifelong consequences and a good lawyer can help you understand your rights, evaluate your options (such as non-adjudication), and build a strong defense.

Are DUI checkpoints legal in Mississippi?

Yes, DUI checkpoints are legal in Mississippi, but they must follow strict legal guidelines to be valid. If law enforcement fails to meet those requirements (such as proper signage, neutral vehicle selection, or supervisory approval) it could provide grounds to challenge or dismiss your case.

Schedule a DUI Consultation With Campbell Law

A DUI conviction can have many negative repercussions, even if it’s your first offense. If you’ve been charged with a DUI, it's important to act quickly and contact an attorney as soon as possible.

Contact Campbell Law today to learn more about how we may be able to help you.